Case number 1:23-cv-02221
ResMed Corp. v. Cleveland Medical Devices, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 25, 2025 | 106 | Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (Attachments: # 1 non-document Order closing case) (M,CE) (Entered: 08/25/2025) (0) |
| Jun 17, 2025 | 105 | Notice of Change in Law Firm and E-Mail Addresses by Paul J. Andre filed by on behalf of Cleveland Medical Devices, Inc.. (Andre, Paul) (Entered: 06/17/2025) (3) |
| Mar 7, 2025 | 104 | Order : For the reasons stated herein, Plaintiff ResMed Corp.'s motion to stay (Doc. 99 ) is GRANTED, Defendant Cleveland Medical Devices' motion to strike affirmative defenses (Doc. 77 ) is HELD IN ABEYANCE, and Plaintiff ResMed Corp.'s motion for oral argument (Doc. 103 ) is DENIED as moot. In light of the stay, the claims construction hearing set for March 19, 2025 is CANCELED. Judge Bridget Meehan Brennan on 3/7/25.(T,A) (Entered: 03/07/2025) (9) |
| Mar 5, 2025 | 103 | Motion for oral argument on Motion to Stay filed by Plaintiff ResMed Corp. Related document(s) 99 . (Reed, Michael) (Entered: 03/05/2025) (3) |
| Feb 24, 2025 | 102 | Notice of Withdrawal of Counsel Elise Yarnell filed by ResMed Corp. (Yarnell, Elise) (Entered: 02/24/2025) (2) |
| Jan 31, 2025 | 101 | Reply in support of 99 Motion to stay filed by ResMed Corp. (Attachments: # 1 Exhibit 12 - IPR2013-00033, # 2 Exhibit 13- IPR2013-00093, # 3 Exhibit 14 - Email from A. Whitesell to S. Khokhar, # 4 Exhibit 15 - Email from A. Whitesell to S. Khokhar, # 5 Exhibit 16 - CleveMed's 2nd Set of RFPs to ResMed (Nos. 64-74), # 6 Exhibit 17 - EPR Historical Stats)(Whitesell, Angela) (Entered: 01/31/2025) (0) |
| Jan 24, 2025 | 100 | Memorandum in Opposition to 99 Motion to stay filed by Cleveland Medical Devices, Inc. (Attachments: # 1 Declaration of Lisa Kobialka, # 2 Exhibit 1 - Correspondence re ResMed Discovery & Invalidity Contentions, # 3 Exhibit 2 - RedMed's Ohio Initial Invalidity Contentions (Excerpt), # 4 Exhibit 3 - Request for Ex Parte Reexam of '921 Patent (Excerpt), # 5 Exhibit 4 - Request for Ex Parte Reexam of '680 Patent (Excerpt), # 6 Exhibit 5 - Reexamination Operational Statistics, # 7 Exhibit 6 - ResMed's Del. Initial Invalidity Contentions (Excerpt), # 8 Exhibit 7 - Minute Order, Controls SE v. QMax, # 9 Exhibit 8 - Minute Order, Feit v. Savant, # 10 Exhibit 9 - Ex Parte Reexam. Historical Statistics, # 11 Exhibit 10 - Petition for IPR of '921 Patent (Excerpt), # 12 Exhibit 11 - Petition for IPR of '512 Patent (Excerpt))(Kobialka, Lisa) (Entered: 01/24/2025) (0) |
| Jan 10, 2025 | 99 | Motion to stay filed by Plaintiff/Counter-Defendant ResMed Corp.. (Attachments: # 1 Memorandum In Support, # 2 Exhibit 1 - 6/21/24 Oral Order - Mtn to Stay Pending Inter Partes Review, # 3 Exhibit 2 - 680 EPR Order, # 4 Exhibit 3 - Excerpt of 284 IPR Petition, # 5 Exhibit 4 - Excerpt of 921 IPR Petition, # 6 Exhibit 5 - Excerpt of 680 IPR Petition, # 7 Exhibit 6 - Excerpt of 512 Petition, # 8 Exhibit 7 - Excerpt of 029 Petition, # 9 Exhibit 8 - Excerpt of 333 Petition, # 10 Exhibit 9 - PTAB Trial Stats FY23 End of Year Outcome Roundup, # 11 Exhibit 10 - 8/13/24 Letter to ClevMed Re: Discovery Deficiencies, # 12 Exhibit 11 - 12/13/24 Ltr - B Wells to A Whitesell re ClevMed Discovery in OH Case) (Whitesell, Angela) (Entered: 01/10/2025) (0) |
| Jan 6, 2025 | 98 | Joint Claim Construction Brief and Prehearing Statement filed by ResMed Corp., Cleveland Medical Devices, Inc. (Attachments: # 1 Exhibit A - Final Constructions and Evidence) (Whitesell, Angela) (Entered: 01/06/2025) (0) |
| Dec 23, 2024 | 96 | Responsive Claim Construction Brief filed by ResMed Corp. Related document(s) 94 . (Attachments: # 1 Declaration of Angela C. Whitesell with Exhibit 1-Chart V, Exhibit 2-System Specifications, Exhibit 3-Product Brochure) (Cunningham, Sean) (Entered: 12/23/2024) (0) |
| Dec 23, 2024 | 97 | Responsive Claim Construction Brief filed by Cleveland Medical Devices, Inc. Related document(s) 93 . (Attachments: # 1 Declaration of James Hannah and Exhibits 1-11, # 2 Declaration of Dr. Carolyn D'Ambrosio, # 3 Declaration of Dr. Roozbeh Jafari) (Hannah, James) (Entered: 12/23/2024) (0) |
| Dec 10, 2024 | 95 | Joint Motion to continue 2/10/2025 Claim Construction Hearing filed by Plaintiff/Counter-Defendant ResMed Corp.. (Attachments: # 1 Proposed Order) (Reed, Michael) (Entered: 12/10/2024) (0) |
| Nov 25, 2024 | 93 | Opening Claim Construction Brief filed by All Plaintiffs. (Attachments: # 1 Declaration of Angela C. Whitesell with Exhibits 1-14) (Reed, Michael) (Entered: 11/25/2024) (0) |
| Nov 25, 2024 | 94 | Opening Claim Construction Brief filed by Cleveland Medical Devices, Inc. (Attachments: # 1 Declaration of Sabah Khokhar and Exhibits 1-6, # 2 Declaration of Dr. Roozbeh Jafari and Exhibits 1-3, # 3 Declaration of Dr. Carolyn D'Ambrosio and Exhibit 1) (Layden, Timothy) (Entered: 11/25/2024) (0) |
| Nov 21, 2024 | 92 | Notice Regarding Post-Grant Review Proceedings Before the United States Patent and Trademark Office filed by ResMed Corp. (Attachments: # 1 Exhibit A-Ex Parte Reexamination Communication Transmittal Form)(Reed, Michael) (Entered: 11/21/2024) (0) |
| Sep 5, 2024 | N/A | Order: [non-document] Having reviewed all of the submissions relative to a temporary stay so the parties may engage in mediation on 10/21/2024 (Docs. 86 , 87 , 91 ), the motion for temporary stay is GRANTED for the reasons stated in Plaintiff's motion and reply (Docs. 86 , 91 ). The matter is temporarily STAYED. If the mediation on 10/21/2024 does not resolve the matter, the non-expired deadlines at the time the motion to stay was filed are reset as follows: (1) Completion of Expert Discovery re: Claim Construction 10/28/2024; (2) Final Claim Construction 11/4/2024; (3) Opening Claim Construction Submissions 11/25/2024; (4) Responsive Claim Construction Submissions 12/23/2024; (5) Joint Claim Construction and Prehearing Statement 1/6/2025; (6) Claim Construction Hearing 2/10/2025 at 9:00 a.m. in Courtroom 15B. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 9/5/2024. (F,AW) (Entered: 09/05/2024) (0) |
| Sep 5, 2024 | N/A | Set Deadlines and Hearings: Claim Construction Hearing set for 2/10/2025 at 09:00 AM in Courtroom 15B before Judge Bridget Meehan Brennan. (F,AW) (Entered: 09/05/2024) (0) |
| Aug 27, 2024 | N/A | Order [non-document] granting Attorney Brian Biggs' motion for appearance pro hac vice. (Doc. No. 88 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 8/27/2024. (H,Ch) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | N/A | Order [non-document] granting Attorney Nancy Braman's motion for appearance pro hac vice. (Doc. No. 89 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 8/27/2024. (H,Ch) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | N/A | Order [non-document] granting Attorney Matthew Middleton's motion for appearance pro hac vice. (Doc. No. 90 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 8/27/2024. (H,Ch) (Entered: 08/27/2024) (0) |
| Aug 26, 2024 | 88 | Motion for attorney Brian Biggs to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12708994, filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp.. (Attachments: # 1 Exhibit A - DE Good Standing, # 2 Exhibit B - NJ Good Standing, # 3 Exhibit C - PA Good Standing)(Reed, Michael) (Entered: 08/26/2024) (0) |
| Aug 26, 2024 | 89 | Motion for attorney Nancy Braman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12709141, filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp.. (Attachments: # 1 Exhibit A - MA Good Standing)(Reed, Michael) (Entered: 08/26/2024) (0) |
| Aug 26, 2024 | 90 | Motion for attorney Matthew Middleton to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12709164, filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp.. (Attachments: # 1 Exhibit DE Good Standing)(Reed, Michael) (Entered: 08/26/2024) (0) |
| Aug 26, 2024 | 91 | Reply in support of 86 Motion for Temporary Stay Pending Mediation filed by ResMed Corp. (Attachments: # 1 Exhibit C - Cleveland Medical Objections)(Reed, Michael) (Entered: 08/26/2024) (0) |
| Aug 21, 2024 | 87 | Memorandum in Opposition to 86 Motion for Temporary Stay Pending Mediation filed by Cleveland Medical Devices, Inc. (Attachments: # 1 Declaration of James Hannah, # 2 Exhibit 1-ResMed Investment Report, # 3 Exhibit 2-Wall Street Journal Stock Summary, # 4 Exhibit 3-Email Correspondence, # 5 Exhibit 4-Declaration of Hani Kayyali, # 6 Exhibit 5-Q4 2024 ResMed Earnings, # 7 Exhibit 6-Earnings Call Transcript, # 8 Exhibit 7-Press Release, # 9 Exhibit 8-Press Release, # 10 Exhibit 9-Email Correspondence, # 11 Exhibit 10-Patent and Trademark Office Decision)(Hannah, James) (Entered: 08/21/2024) (0) |
| Aug 7, 2024 | 86 | Motion for Temporary Stay Pending Mediation filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp. (Attachments: # 1 Memorandum in Support of Motion to Stay, # 2 Exhibit A - Redacted Version of OB Stay, # 3 Exhibit B - 2024-06-21 300 Notice Oral Order)(Reed, Michael) (Entered: 08/07/2024) (0) |
| Jul 29, 2024 | 85 | Joint Notice Regarding Mediation filed by ResMed Corp.. (Reed, Michael) (Entered: 07/29/2024) (3) |
| Jul 22, 2024 | N/A | Order [non-document]: The Court is in receipt of the parties' agreed mediation ranking information sheet and attached exhibit (Doc. Nos. 84 , 84-1). The parties are ordered to inform the court by close of business on 7/29/2024 if they have selected a private mediator. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 7/22/2024. (Entered: 07/22/2024) (0) |
| Jul 15, 2024 | 84 | Agreed Mediation Ranking Information Sheet Filed by Cleveland Medical Devices, Inc. (Attachments: # 1 Exhibit to Agreed Mediation Ranking Sheet)(Hannah, James) (Entered: 07/15/2024) (0) |
| Jul 8, 2024 | 83 | Notice of Referral to Mediation. List of potential neutrals sent to parties. Agreed Mediation Ranking Sheet due by 7/15/2024. (Attachments: # 1 Agreed Mediation Ranking Sheet) (Mc,K) (Additional attachment(s) added on 7/8/2024: # 2 List of Neutrals) (Mc,K). (Entered: 07/08/2024) (0) |
| Jul 2, 2024 | N/A | Order of Referral to ADR for mediation [non-document]: This matter is referred for mediation pursuant to Local Rule 16.6. ADR process to occur as soon as reasonably practicable. IT IS SO ORDERED. Signed by Judge Bridget Meehan Brennan. (H,Ch) (Entered: 07/08/2024) (0) |
| Jun 26, 2024 | N/A | Minute Order [non-document]: A telephonic status conference was held on 6/25/2024 before Bridget Meehan Brennan. Attorneys David Knudson, Michael Reed, and Sean Cunningham participated on behalf o Plaintiff. Attorney Lisa Kobialka participated on behalf of Defendant. The parties discussed selection of a mediator. The parties are ordered to file a joint status report by close of business on 6/26/2024 providing an update on their positions regarding use of a court appointed mediator. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 6/26/2024. (H,Ch) (Entered: 06/26/2024) (0) |
| Jun 26, 2024 | 82 | Joint Status Report Regarding Mediation filed by ResMed Corp.. (Reed, Michael) (Entered: 06/26/2024) (4) |
| Jun 25, 2024 | N/A | Reassignment of Magistrate Judge pursuant to General Order 2024-05. Due to the retirement of Magistrate Judge Thomas M. Parker, in the event of a referral, case will be assigned to Magistrate Judge Reuben J. Sheperd. (F,AW) (Entered: 06/25/2024) (0) |
| Jun 25, 2024 | N/A | IMPORTANT: Notice [non-document]: A Telephonic Status Conference is set for June 25, 2024 at 2:30 p.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the hearing. (H,Ch) (Entered: 06/25/2024) (0) |
| Jun 6, 2024 | 81 | Reply in support of 77 Motion to strike Insufficently Pled Affirmative Defenses in Counterclaim-Defendant ResMed Corp.'s Answer filed by Cleveland Medical Devices, Inc. (Attachments: # 1 Declaration of Lisa Kobialka, # 2 Exhibit 1 - CleveMed's Concise Stmt. of Facts, Dkt. 239 (D. Del. Mar. 2024)-Excerpt, # 3 Exhibit 2 - 029 File History-Excerpt)(Kobialka, Lisa) (Entered: 06/06/2024) (0) |
| May 30, 2024 | 80 | Memorandum in Opposition to 77 Motion to strike Insufficiently Pled Affirmative Defenses in Counterclaim-Defendant ResMed Corp.'s Answer filed by ResMed Corp. (Attachments: # 1 Exhibit 1 - Letter ISO Motion to Strike, # 2 Exhibit 2 - Public Version ResMed's Response Brief to CleveMed MSJ)(Reed, Michael) (Entered: 05/30/2024) (0) |
| May 23, 2024 | 79 | Marginal Entry Order granting Plaintiff's Motion for Leave to File Redacted Materials (Doc. No. 78 ). Judge Bridget Meehan Brennan on 5/23/2024. (H,Ch) (Entered: 05/28/2024) (3) |
| May 22, 2024 | 78 | Motion for leave to File Redacted Materials filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp.. (Reed, Michael) (Entered: 05/22/2024) (3) |
| May 16, 2024 | 77 | Motion to strike Insufficently Pled Affirmative Defenses in Counterclaim-Defendant ResMed Corp.'s Answer filed by Counter-Claimant Cleveland Medical Devices, Inc.. (Related document(s) 75 ). (Attachments: # 1 Memorandum in Support, # 2 Declaration of Lisa Kobialka, # 3 Exhibit 1 - 029 File History Excerpt, # 4 Proposed Order) (Kobialka, Lisa) (Entered: 05/16/2024) (0) |
| May 13, 2024 | 76 | Notice of Selection of Mediator filed by ResMed Corp., Cleveland Medical Devices, Inc. (Reed, Michael) (Entered: 05/13/2024) (3) |
| Apr 25, 2024 | 75 | Response and Affirmative Defenses to Defendant's Second Amended Counterclaims for Patent Infringement filed by ResMed Corp. Related document(s) 70 . (Attachments: # 1 Exhibit A - Defendant's First Amended Answer and Affirmative Defenses to Complaint for Patent Infringement, # 2 Exhibit B - Defendant's Third Supplemental Objections and Responses to Plaintiff Cleveland Medical Device Inc.'s Third Set of Interrogatories, # 3 Exhibit C - US 6,167,258, # 4 Exhibit D - US 6,644,311, # 5 Exhibit E - US 2004-0129838A1, # 6 Exhibit F - US 8,187,209, # 7 Exhibit G - US 6,993,380, # 8 Exhibit H - Email RE Subpoena and Depo Notice to Robert K. Schmidt, # 9 Exhibit I - US 8,172,766) (Reed, Michael) (Entered: 04/25/2024) (0) |
| Apr 24, 2024 | N/A | Order [non-document]: In light of Cleveland Medical Devices, Inc.'s Notice of Withdrawal (Doc. No. 73 ), Cleveland Medical Devices, Inc.'s Motion to Strike (Doc. No. 69 ) is WITHDRAWN. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 4/24/2024. (H,AR) (Entered: 04/24/2024) (0) |
| Apr 23, 2024 | 74 | Marginal Entry Order granting Plaintiff's Motion for Leave to File Redacted Materials. (Doc. No. 72 .) Judge Bridget Meehan Brennan on 4/23/2024. (H,AR) (Entered: 04/23/2024) (3) |
| Apr 22, 2024 | 73 | Notice of Withdrawal of Motion to Strike Affirmative Defenses filed by Cleveland Medical Devices, Inc. Related document(s) 69 .(Friedman, Joshua) (Entered: 04/22/2024) (3) |
| Apr 19, 2024 | 72 | Motion for leave to File Redacted Materials filed by ResMed Corp. (Reed, Michael) (Entered: 04/19/2024) (3) |
| Apr 18, 2024 | 71 | Opposition to 69 Motion to strike Insufficiently Pled Affirmative Defenses in 66 Answer filed by ResMed Corp. (Reed, Michael) (Entered: 04/18/2024) (3) |
| Apr 11, 2024 | 70 | Second Amended Answer to 1 Complaint for Declaratory Judgement of Noninfringement and Counterclaim for Infringement filed by Cleveland Medical Devices, Inc. Related document(s) 1 . (Attachments: # 1 Exhibit 1: U.S. Patent No. 11,375,921, # 2 Exhibit 2: U.S. Patent No. 11,690,512, # 3 Exhibit 3: Zacks Equity Research Article, # 4 Exhibit 4: Printout from ResMed website: Software & data management, # 5 Exhibit 5: NightOwl Software Instructions for Use, # 6 Exhibit 6: ResMed Press Release, # 7 Exhibit 7: Printout from ResMed website: U-Sleep, # 8 Exhibit 8: Business Wire Article, # 9 Exhibit 9: Printout from Brightree website: Advanced Analytics, # 10 Exhibit 10: Printout from Brightree website: Sleep Therapy, # 11 Exhibit 11: Brightree Press Release, # 12 Exhibit 12: Fierce Biotech Article, # 13 Exhibit 13: Printout from ResMed website: AirSense 10 Series, # 14 Exhibit 14: Printout from ResMed website: AirSense 11, # 15 Exhibit 15: AirSense 11 Brochure, # 16 Exhibit 16: AirSense 10 series Brochure, # 17 Exhibit 17: Printout from ResMed website: AirMini Portable CPAP, # 18 Exhibit 18: AirSense 11 User guide, # 19 Exhibit 19: AirSense 10 Clinical guide, # 20 Exhibit 20: AirCurve 10 User guide, # 21 Exhibit 21: AirCurve 10 User guide, # 22 Exhibit 22: AirMini User guide, # 23 Exhibit 23: AirSense 11 Clinical guide, # 24 Exhibit 24: AirCurve 10 Clinical guide, # 25 Exhibit 25: Home therapy devices comparison chart, # 26 Exhibit 26: Data management/Device compatibility list, # 27 Exhibit 27: AirView Brochure, # 28 Exhibit 28: AirView Report Guide, # 29 Exhibit 29: AirView Integration Solutions Brochure, # 30 Exhibit 30: AirView View and Print Reports Instructions, # 31 Exhibit 31: Brightree Press Release, # 32 Exhibit 32: Printout from ResMed website: myAir, # 33 Exhibit 33: Printout from ResMed website: AirCurve 10 Bilevel, # 34 Exhibit 34: AirMini Patient guide, # 35 Exhibit 35: Printout from Sleepview Mag website, # 36 Exhibit 36: NightOwl Brochure, # 37 Exhibit 37: NightOwl Sensor, # 38 Exhibit 38: ResMed contact list, # 39 Exhibit 39: U.S. Patent No. 11,786,680, # 40 Exhibit 40: Printout from ResMed website: AirCurve 11 Bilevel, # 41 Exhibit 41: AirCurve 11 User guide, # 42 Exhibit 42: U.S. Patent No. 11,857,333, # 43 Exhibit 43: U.S. Patent No. 11,872,029) (Kobialka, Lisa) (Entered: 04/11/2024) (0) |
| Apr 9, 2024 | N/A | Order [non-document]: Before the Court is Defendant Cleveland Medical Devices, Inc.'s unopposed motion for leave to file a second amended answer and counterclaim (Doc. No. 67 ). The motion is GRANTED. Defendant Cleveland Medical Devices, Inc. shall separately file its second amended answer and counterclaim on or before 4/11/2024. Judge Bridget Meehan Brennan on 4/9/2024. (H,AR) (Entered: 04/09/2024) (0) |
| Apr 4, 2024 | 69 | WITHDRAWN per non-document order of 4/24/24. Motion to strike Insufficiently Pled Affirmative Defenses in 66 Answer filed by Cleveland Medical Devices, Inc. (Attachments: # 1 Brief in Support, # 2 Proposed Order) (Kobialka, Lisa). Modified on 4/24/2024 to mark Withdrawn (H,AR). (Entered: 04/04/2024) (0) |
| Apr 3, 2024 | 67 | Unopposed Motion for leave to file second amended answer to 1 Complaint for Declaratory Judgment of Noninfringement, and Counterclaim for Infringement filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc. (Attachments: # 1 Brief in Support, # 2 Exhibit Declaration of James Hannah, # 3 Exhibit 1 - Proposed 2nd Amended Complaint (Clean), # 4 Exhibit 2 - Proposed 2nd Amended Complaint (Redline), # 5 Exhibit 3 - US Patent 11857333, # 6 Exhibit 4 - US Patent 11872029, # 7 Exhibit 5 - AirCurve 11 Press Release, # 8 Exhibit 6 - US Patent 11602284, # 9 Exhibit 7 - US Patent 11375921, # 10 Exhibit 8 - US Patent 11786680, # 11 Exhibit 9 - AirCurve 11 Bilevel, # 12 Exhibit 10 - AirCurve 11 User Guide, # 13 Proposed Order)(Friedman, Joshua) Modified text on 4/5/2024 (F,AW). (Entered: 04/03/2024) (0) |
| Apr 3, 2024 | 68 | Joint Proposed Stipulation and Order for Extension of Time filed by Cleveland Medical Devices, Inc.. (Friedman, Joshua) (Entered: 04/03/2024) (3) |
| Mar 18, 2024 | 66 | Answer/Response and Affirmative Defenses to 39 Counterclaims for Patent Infringement filed by ResMed Corp. (Attachments: # 1 Exhibit A - 2023.11.03 First Amended Answer and Affirmative Defenses to Complaint, # 2 Exhibit B - 2023.10.03 Third Supplemental Objections and Responses to Plaintiff Cleveland Medical Device Inc.'s Third Set of Interrogatories, # 3 Exhibit C - US 6,167,258, # 4 Exhibit D - US 6,644,311, # 5 Exhibit E - US 2004-0129838A1, # 6 Exhibit F - US 8,187,209, # 7 Exhibit G - US 6,993,380, # 8 Exhibit H - Email RE Subpoena and Deposition Notice to Robert K. Schmidt, # 9 Exhibit I - US 8,172,766) (Reed, Michael) (Entered: 03/18/2024) (0) |
| Mar 15, 2024 | 65 | FILING ERROR: TO BE REFILED PER CHAMBERS Answer to CleveMed's Counterclaims (Sealed) Redacted filed by ResMed Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Reed, Michael) Modified on 3/18/2024 (W,CM). (Entered: 03/15/2024) (0) |
| Mar 14, 2024 | 64 | Order: For the reasons stated in ResMed Corp.'s motion to seal (Doc. No. 63 ), which are consistent with Shane Group Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016) and In re National Prescription Opiate Litigation, 927 F.3d 919 (6th Cir. 2019), the motion to seal is hereby GRANTED. ResMed Corp.'s motion for extension of time (Doc. No. 59 ) is GRANTED. ResMed Corp. must file its response to the Counterclaims by close of business on 3/15/2024. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 3/14/2024. (H,AR) (Entered: 03/14/2024) (1) |
| Mar 14, 2024 | N/A | Order [non-document]: In light of the parties' representations at the telephonic status conference held on 3/13/2024, the parties are ordered to select a third-party mediator by 5/13/2024. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 3/14/2024. (H,AR) (Entered: 03/14/2024) (0) |
| Mar 6, 2024 | 62 | Notice of Compliance with the Court's March 4, 2024 61 Order Regarding Requirements of the Initial Standing Order filed by ResMed Corp. (Reed, Michael) (Entered: 03/06/2024) (3) |
| Mar 6, 2024 | 63 | Motion to seal filed by ResMed Corp.. (Reed, Michael) (Entered: 03/06/2024) (8) |
| Mar 4, 2024 | 61 | Order: ResMed Corp.'s ("ResMed") Motion for Leave to File Materials Under Seal (Doc. No. 60 ) does not comply with the Court's Initial Standing Order (Doc. No. 31 ). ResMed is ORDERED to file an explanation for its failure to comply with the Initial Standing Order and a revised Motion for Leave to File Materials Under Seal by or before 5:00 P.M. on 3/6/2024. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 3/4/2024. (H,AR) (Entered: 03/04/2024) (2) |
| Feb 20, 2024 | 59 | Agreed Motion for extension of time until such time as the Court issues an Order on ResMed's Motion for Leave to File Materials Under Seal to file Response to Counterclaims filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp. Related document(s) 39 . (Attachments: # 1 Proposed Order)(Reed, Michael) (Entered: 02/20/2024) (0) |
| Feb 20, 2024 | 60 | Motion for leave to File Materials Under Seal filed by ResMed Corp. (Attachments: # 1 Proposed Order) (Reed, Michael) (Entered: 02/20/2024) (0) |
| Jan 26, 2024 | 57 | ESI Order signed by Judge Bridget Meehan Brennan on 1/26/2024. (H,AR) (Entered: 01/26/2024) (13) |
| Jan 26, 2024 | 58 | Protective Order regarding confidential information. Judge Bridget Meehan Brennan on 1/26/2024. (H,AR) (Entered: 01/26/2024) (27) |
| Jan 12, 2024 | 55 | Proposed Order Regarding Discovery, Including Electronically Stored Information ("ESI") filed by ResMed Corp.. (Reed, Michael) (Entered: 01/12/2024) (13) |
| Jan 12, 2024 | 56 | Proposed Order filed by ResMed Corp.. (Reed, Michael) (Entered: 01/12/2024) (27) |
| Jan 10, 2024 | N/A | Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. A telephonic Case Management Conference was held on 1/9/2024 before Bridget Meehan Brennan. Attorneys Sean C. Cunningham, David R. Knudson, and Michael R. Reed participated on behalf of Plaintiff. Attorneys James R. Hannah, Charles Keller, and Joshua A. Friedman participated on behalf of Defendant. The Parties provided a summary of the case and related proceedings and discussed the Parties' Rule 26(f) report and potential mediation. The Court established deadlines as stated in the Court's Case Management Order. (Court Reporter: none.) Time: 30 minutes. (H,AR) (Entered: 01/10/2024) (0) |
| Jan 10, 2024 | 54 | Case Management Conference Order: Case is assigned to the complex track. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. A telephonic Status Conference will be held on March 13, 2024, at 12:00 p.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the hearing. Claims Construction Hearing to be held on November 12, 2024, at 9:00 a.m., in Courtroom 15B. Judge Bridget Meehan Brennan on 1/10/2024. (H,AR) (Entered: 01/10/2024) (3) |
| Jan 9, 2024 | 52 | Preliminary Estimate/Budget of Amount of Fees and Expenses filed by ResMed Corp.. (Reed, Michael) (Entered: 01/09/2024) (3) |
| Jan 9, 2024 | 53 | Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Cleveland Medical Devices, Inc.. (Kobialka, Lisa) (Entered: 01/09/2024) (3) |
| Jan 4, 2024 | 51 | Report of Parties Planning Meeting Under Civ R 26(f) filed by Counter-Defendant ResMed Corp. (Attachments: # 1 Exhibit A)(Yarnell, Elise) Modified on 1/5/2024. Terminated motion. (H,AR). (Entered: 01/04/2024) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Attorney Benu Wells' motion for appearance pro hac vice. (Doc. No. 42 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Attorney Charles Keller's motion for appearance pro hac vice. (Doc. No. 43 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Attorney James Hannah's motion for appearance pro hac vice. (Doc. No. 44 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Attorney Jennifer L. Gilbert's motion for appearance pro hac vice. (Doc. No. 45 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Attorney Melissa T.G. Brenner's motion for appearance pro hac vice. (Doc. No. 46 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Michael H. Lee's motion for appearance pro hac vice. (Doc. No. 47 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Attorney Paul J. Andre's motion for appearance pro hac vice. (Doc. No. 48 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Attorney Sabah Khokhar's motion for appearance pro hac vice. (Doc. No. 49 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 27, 2023 | N/A | Order [non-document] granting Attorney Timothy Layden's motion for appearance pro hac vice. (Doc. No. 50 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/27/2023. (H,AR) (Entered: 12/27/2023) (0) |
| Dec 26, 2023 | 42 | Motion for attorney Benu Wells to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12330981, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit of Benu Wells)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 26, 2023 | 43 | Motion for attorney Charles Keller to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12331002, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit of Charles Keller)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 26, 2023 | 44 | Motion for attorney James Hannah to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12331004, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit James Hannah)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 26, 2023 | 45 | Motion for attorney Jennifer L. Gilbert to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12331007, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit of Jennifer L. Gilbert)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 26, 2023 | 46 | Motion for attorney Melissa T.G. Brenner to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12331014, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit of Melissa T.G. Brenner)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 26, 2023 | 47 | Motion for attorney Michael H. Lee to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12331020, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit of Michael H. Lee)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 26, 2023 | 48 | Motion for attorney Paul J. Andre to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12331025, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit Paul J. Andre)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 26, 2023 | 49 | Motion for attorney Sabah Khokhar to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12331034, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit of Sabah Khokhar)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 26, 2023 | 50 | Motion for attorney Timothy Layden to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12331037, filed by Counter-Claimant Cleveland Medical Devices, Inc., Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit of Timothy Layden)(Friedman, Joshua) (Entered: 12/26/2023) (0) |
| Dec 15, 2023 | N/A | Order [non-document] granting the parties' joint motion for an extension of time until February 19, 2024, for Plaintiff to move or otherwise plead in response to Defendant's Amended Answer and Counterclaim. (Doc. No. 41 .) Judge Bridget Meehan Brennan on 12/15/2023. (H,AR) (Entered: 12/15/2023) (0) |
| Dec 14, 2023 | 41 | Joint Motion for extension of time until February 19, 2024, for Plaintiff to move or otherwise plead in response to Defendant's 39 Amended Answer and Counterclaim filed by Plaintiff ResMed Corp. and Defendant Cleveland Medical Devices, Inc. Related document(s) 39 . (Attachments: # 1 Proposed Order)(Yarnell, Elise) Modified text on 12/15/2023 (F,AW). (Entered: 12/14/2023) (0) |
| Dec 11, 2023 | 40 | Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Cleveland Medical Devices, Inc.. (Friedman, Joshua) (Entered: 12/11/2023) (1) |
| Dec 7, 2023 | 39 | Amended Answer to 1 Complaint for Declaratory Judgment of Noninfringement, with Jury Demand , and Counterclaim against ResMed Corp. for Infringement filed by Cleveland Medical Devices, Inc. (Attachments: # 1 Exhibit 1-U.S. Patent No. 11,375,921, # 2 Exhibit 2-U.S. Patent No. 11,690,512, # 3 Exhibit 3-Zacks Equity Research Article, # 4 Exhibit 4-Printout from ResMed website: Software & data management, # 5 Exhibit 5-NightOwl Software Instructions for Use, # 6 Exhibit 6-ResMed Press Release, # 7 Exhibit 7-Printout from ResMed website: U-Sleep, # 8 Exhibit 8-Business Wire Article, # 9 Exhibit 9-Printout from Brightree website: Advanced Analytics, # 10 Exhibit 10-Printout from Brightree website: Sleep Therapy, # 11 Exhibit 11-Brightree Press Release, # 12 Exhibit 12-Fierce Biotech Article, # 13 Exhibit 13-Printout from ResMed website: AirSense 10 Series, # 14 Exhibit 14-Printout from ResMed website: AirSense 11, # 15 Exhibit 15-AirSense 11 Brochure, # 16 Exhibit 16-AirSense 10 series Brochure, # 17 Exhibit 17-Printout from ResMed website: AirMini Portable CPAP, # 18 Exhibit 18-AirSense 11 User guide, # 19 Exhibit 19-AirSense 10 Clinical guide, # 20 Exhibit 20-AirCurve 10 User guide, # 21 Exhibit 21-AirCurve 10 User guide, # 22 Exhibit 22-AirMini User guide, # 23 Exhibit 23-AirSense 11 Clinical guide, # 24 Exhibit 24-AirCurve 10 Clinical guide, # 25 Exhibit 25-Home therapy devices comparison chart, # 26 Exhibit 26-Data management/Device compatibility list, # 27 Exhibit 27-AirView Brochure, # 28 Exhibit 28-AirView Report Guide, # 29 Exhibit 29-AirView Integration Solutions Brochure, # 30 Exhibit 30-AirView View and Print Reports Instructions, # 31 Exhibit 31-Brightree Press Release, # 32 Exhibit 32-Printout from ResMed website: myAir, # 33 Exhibit 33-Printout from ResMed website: AirCurve 10 Bilevel, # 34 Exhibit 34-AirMini Patient guide, # 35 Exhibit 35-Printout from Sleepview Mag website, # 36 Exhibit 36-NightOwl Brochure, # 37 Exhibit 37-NightOwl Sensor, # 38 Exhibit 38-ResMed contact list, # 39 Exhibit 39-U.S. Patent No. 11,786,680)(Kobialka, Lisa) Modified to add exhibit descriptions on 12/13/2023 (F,AW). (Entered: 12/07/2023) (0) |
| Dec 4, 2023 | N/A | Order [non-document] granting Attorney David R. Knudson's motion for appearance pro hac vice. (Doc. No. 34 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/4/2023. (H,AR) (Entered: 12/04/2023) (0) |
| Dec 4, 2023 | N/A | Order [non-document] granting Attorney Sean Cunningham's motion for appearance pro hac vice. (Doc. No. 35 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/4/2023. (H,AR) (Entered: 12/04/2023) (0) |
| Dec 4, 2023 | N/A | Order [non-document] granting Attorney Tiffany C. Miller's motion for appearance pro hac vice. (Doc. No. 36 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/4/2023. (H,AR) (Entered: 12/04/2023) (0) |
| Dec 4, 2023 | N/A | Order [non-document] granting Attorney Angela Whitesell's motion for appearance pro hac vice. (Doc. No. 37 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 12/4/2023. (H,AR) (Entered: 12/04/2023) (0) |
| Dec 4, 2023 | 38 | Corporate Disclosure Statement filed by Cleveland Medical Devices, Inc.. (Friedman, Joshua) (Entered: 12/04/2023) (1) |
| Dec 1, 2023 | N/A | Notice of Copyright, Patent and Trademark Reporting Requirements. Local Rule 3.13(c) requires the filing of the AO121 Copyright Report Form or AO120 Patent and Trademark Report Form by 12/11/2023. (M,CE) (Entered: 12/01/2023) (0) |
| Nov 30, 2023 | 33 | Attorney Appearance by Michael R. Reed filed by on behalf of ResMed Corp.. (Reed, Michael) (Entered: 11/30/2023) (1) |
| Nov 30, 2023 | 34 | Motion for attorney David R. Knudson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12296144, filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Reed, Michael) (Entered: 11/30/2023) (0) |
| Nov 30, 2023 | 35 | Motion for attorney Sean C. Cunningham to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12296202, filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Reed, Michael) (Entered: 11/30/2023) (0) |
| Nov 30, 2023 | 36 | Motion for attorney Tiffany C. Miller to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12296214, filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Reed, Michael) (Entered: 11/30/2023) (0) |
| Nov 30, 2023 | 37 | Motion for attorney Angela Whitesell to Appear Pro Hac Vice. Filing fee $ 120, receipt number ACASDC-17984882, filed by Counter-Defendant ResMed Corp., Plaintiff ResMed Corp.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Reed, Michael) (Entered: 11/30/2023) (0) |
| Nov 29, 2023 | 32 | Case Management Conference Scheduling Order signed by Judge Bridget Meehan Brennan on 11/29/2023. A telephonic Case Management Conference is set for 1/9/2024 at 9:00 a.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the hearing. (Attachments: # 1 Report of Parties' Planning Meeting, # 2 Letter from Chief Judge Lioi, # 3 Magistrate Consent Form, # 4 Standard for Discovery of Electronically Stored Information, # 5 Rule 30.1) (H,AR) (Entered: 11/29/2023) (0) |
| Nov 20, 2023 | N/A | Order [non-document] granting Attorney Lisa Kobialka's motion for appearance pro hac vice. (Doc. No. 29 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 11/20/2023. (H,AR) (Entered: 11/20/2023) (0) |
| Nov 20, 2023 | 31 | Initial Standing Order signed by Judge Bridget Meehan Brennan on 11/20/2023. (H,AR) (Entered: 11/20/2023) (10) |
| Nov 17, 2023 | 28 | Attorney Appearance by Joshua A. Friedman filed by on behalf of Cleveland Medical Devices, Inc.. (Friedman, Joshua) (Entered: 11/17/2023) (3) |
| Nov 17, 2023 | 29 | Motion for attorney Lisa Kobialka to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12280759, filed by Defendant Cleveland Medical Devices, Inc.. (Attachments: # 1 Affidavit of Lisa Kobialka (Ex A))(Friedman, Joshua) (Entered: 11/17/2023) (0) |
| Nov 17, 2023 | 30 | Answer to 1 Complaint, with Jury Demand , Counterclaim for Infringement against ResMed Corp. filed by Cleveland Medical Devices, Inc. (Attachments: # 1 Exhibit 01 - Accused Products, # 2 Exhibit 02 - ResMed Software, # 3 Exhibit 03 - ResMed Press Release, # 4 Exhibit 04 - U-Sleep Information, # 5 Exhibit 05 - Brightree Press Release, # 6 Exhibit 06 - Brightree Advanced Analytics, # 7 Exhibit 07 - Brightree Sleep Therapy, # 8 Exhibit 08 - AirView Press Release, # 9 Exhibit 09 - Brightree Acquisition Press Release, # 10 Exhibit 10 - AirSense 10 Info, # 11 Exhibit 11 - AirSense 11 Info, # 12 Exhibit 12 - AirSense 11 Brochure, # 13 Exhibit 13 - AirCurve 10 Brochure, # 14 Exhibit 14 - Stellar 150 Info, # 15 Exhibit 15 - Astral Info, # 16 Exhibit 16 - AirMini Info, # 17 Exhibit 17 - AirSense 10 User Guide, # 18 Exhibit 18 - AirSense 10 Clinical Guide, # 19 Exhibit 19 - AirCurve 10 VAuto User Guide, # 20 Exhibit 20 - AirCurve 10 ASV User Guide, # 21 Exhibit 21 - AirMini User Guide, # 22 Exhibit 22 - AirSense11 Clinical Guide, # 23 Exhibit 23 - ResMed Product List, # 24 Exhibit 24 - Astral Fact Sheet, # 25 Exhibit 25 - Connectivity Module Info, # 26 Exhibit 26 - AirCurve 10 Clinical Guide, # 27 Exhibit 27 - Astral Clinical Guide, # 28 Exhibit 28 - Stellar Data Management Guide, # 29 Exhibit 29 - Compatibility List, # 30 Exhibit 30 - AirView Brochure, # 31 Exhibit 31 - AirView Report Guide, # 32 Exhibit 32 - AirView Integration, # 33 Exhibit 33 - AirView Report Instructions, # 34 Exhibit 34 - ResMed-Brightree Press Release, # 35 Exhibit 35 - MyAir Info, # 36 Exhibit 36 - AirCurve 10 Bilevel Info, # 37 Exhibit 37 - AirMini Patient Guide)(Friedman, Joshua) (Entered: 11/17/2023) (0) |
| Nov 16, 2023 | 26 | CASE TRANSFERRED IN from District of California Southern. Case number 3:23-cv-00500. Electronic file, transfer order and docket sheet received. (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | N/A | Judge Bridget Meehan Brennan assigned to case. (R,AP) (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | N/A | Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (R,AP) (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | N/A | FILING ERROR: See Documents 4 , 8 . Notice by Clerk: Pursuant to Local Rule 3.13(b), ResMed Corp. and Cleveland Medical Devices, Inc. are reminded of their requirement to file a Corporate Disclosure Statement. (R,AP) Modified text on 11/20/2023 (M,S). (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | 27 | Magistrate Consent Form issued. (R,AP) (Entered: 11/16/2023) (2) |
| Nov 16, 2023 | N/A | Copy of docket and 27 Magistrate Consent Form mailed to Angela C. Whitesell, David Rae Knudson, Sean C. Cunningham, Tiffany Carol Miller, and Lisa Kobialka on 11/16/2023. Related document(s) 27 . (R,AP) (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | N/A | Notice to Attorney Angela C. Whitesell. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | N/A | Notice to Attorney David Rae Knudson. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | N/A | Notice to Attorney Sean C. Cunningham. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | N/A | Notice to Attorney Tiffany C. Miller. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) (Entered: 11/16/2023) (0) |
| Nov 16, 2023 | N/A | Notice to Attorney Lisa Kobialka. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) (Entered: 11/16/2023) (0) |
| Nov 14, 2023 | 25 | Case transferred to Northern District of Ohio, Eastern Division. Files transferred electronically to: * Northern District of Ohio, Eastern Division*.*801 West Superior Avenue**Cleveland, OH 44113*. Signed by Judge Todd W. Robinson on 11/14/2023. (Attachments: # 1 Transfer Order) (cxl1) [Transferred from casd on 11/16/2023.] (Entered: 11/14/2023) (0) |
| Nov 9, 2023 | 24 | Minute Entry for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 11/9/2023 re MOTION to Change Venue; Notice of Motion and Motion to Transfer to the Northern District of Ohio 18 filed by Cleveland Medical Devices, Inc. The motion is taken under submission; written order to follow. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney David Knudson). (Defendant Attorney Lisa Kobialka). (no document attached) (jao) [Transferred from casd on 11/16/2023.] (Entered: 11/13/2023) (0) |
| Oct 19, 2023 | 23 | REPLY to Response to Motion re 18 MOTION to Change Venue Notice of Motion and Motion to Transfer to the Northern District of Ohio filed by Cleveland Medical Devices, Inc.. (Attachments: # 1 Declaration of Lisa Kobialka, # 2 Index of Exhibits, # 3 Exhibit 1 to Kobialka Declaration, # 4 Exhibit 2 to Kobialka Declaration, # 5 Exhibit 3 to Kobialka Declaration, # 6 Exhibit 4 to Kobialka Declaration, # 7 Exhibit 5 to Kobialka Declaration, # 8 Exhibit 6 to Kobialka Declaration, # 9 Exhibit 7 to Kobialka Declaration)(Kobialka, Lisa) (aas). [Transferred from casd on 11/16/2023.] (Entered: 10/19/2023) (0) |
| Oct 5, 2023 | 22 | RESPONSE in Opposition re 18 MOTION to Change Venue Notice of Motion and Motion to Transfer to the Northern District of Ohio filed by ResMed Corp. (Attachments: # 1 Declaration of David R. Knudson)(Cunningham, Sean)(maq). [Transferred from casd on 11/16/2023.] (Entered: 10/05/2023) (0) |
| Sep 19, 2023 | 21 | RESPONSE TO ORDER TO SHOW CAUSE by Cleveland Medical Devices, Inc. re 19 Response to Order to Show Cause. (Attachments: # 1 Declaration of Lisa Kobialka, # 2 Index of Exhibits, # 3 Exhibit 1 to Kobialka Decl.)(Kobialka, Lisa) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 09/19/2023) (0) |
| Sep 7, 2023 | 20 | ORDER Setting Briefing Schedule. Presently before the Court is Defendant Cleveland Medical Devices, Inc.'s 18 MOTION to Change Venue Notice of Motion and Motion to Transfer to the Northern District of Ohio, which is noticed for a hearing on 11/9/2023 at 01:30 PM in Courtroom 3A before the Honorable Todd W. Robinson. Plaintiff ResMed Corp. SHALL FILE its opposition on or before 10/5/2023, and Defendant MAY FILE its optional reply, if any, on or before 10/19/2023. As noted in Section III.A.2 of the undersigned's Standing Order for Civil Cases, "[a]n opposing party's failure timely to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c)." Signed by Judge Todd W. Robinson on 9/7/2023. (no document attached) (sxd) [Transferred from casd on 11/16/2023.] (Entered: 09/07/2023) (0) |
| Sep 5, 2023 | 18 | MOTION to Change Venue Notice of Motion and Motion to Transfer to the Northern District of Ohio by Cleveland Medical Devices, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Lisa Kobialka, # 3 Index of Exhibits, # 4 Exhibit 1 to Kobialka Decl., # 5 Exhibit 2 to Kobialka Decl., # 6 Exhibit 3 to Kobialka Decl., # 7 Exhibit 4 to Kobialka Decl., # 8 Exhibit 5 to Kobialka Decl., # 9 Exhibit 6 to Kobialka Decl., # 10 Exhibit 7 to Kobialka Decl., # 11 Exhibit 8 to Kobialka Decl., # 12 Exhibit 9 to Kobialka Decl.)(Kobialka, Lisa) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 09/05/2023) (0) |
| Sep 5, 2023 | 19 | RESPONSE TO ORDER TO SHOW CAUSE by ResMed Corp. re 17 Order on Motion to Dismiss,. (Attachments: # 1 Declaration of David R. Knudson)(Cunningham, Sean) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 09/05/2023) (0) |
| Aug 22, 2023 | 17 | ORDER (1) Vacating Hearing, (2) Denying Defendant's Motion to Dismiss, (3) Denying Without Prejudice Defendant's Motion to Transfer Venue, (4) Denying Without Prejudice as Moot Defendant's Motion for Jurisdictional Discovery, and (5) For Plaintiff to Show Cause Why this Action Should Not Be Transferred to the United States District Court for the District of Delaware Under The First-To-File Rule (ECF No. 10 ). Signed by Judge Todd W. Robinson on 08/22/2023. (cxl1) [Transferred from casd on 11/16/2023.] (Entered: 08/22/2023) (13) |
| Aug 17, 2023 | 16 | NOTICE of Change of Hearing (TIME ONLY): Motion Hearing reset for 8/24/2023 03:00 PM in Courtroom 3A before Judge Todd W. Robinson. (no document attached) (jao) [Transferred from casd on 11/16/2023.] (Entered: 08/17/2023) (0) |
| Jul 27, 2023 | 15 | REPLY to Response to Motion re 10 MOTION to Dismiss Plaintiff's Complaint for Declaratory Judgment of Noninfringement, Or to the Extent Not Granted, Motion to Transfer filed by Cleveland Medical Devices, Inc.. (Attachments: # 1 Declaration of Lisa Kobialka, # 2 Index of Exhibits, # 3 Exhibit 1 to Kobialka Declaration, # 4 Exhibit 2 to Kobialka Declaration, # 5 Exhibit 3 to Kobialka Declaration, # 6 Exhibit 4 to Kobialka Declaration, # 7 Exhibit 5 to Kobialka Declaration, # 8 Exhibit 6 to Kobialka Declaration, # 9 Exhibit 7 to Kobialka Declaration, # 10 Exhibit 8 to Kobialka Declaration, # 11 Exhibit 9 to Kobialka Declaration)(Kobialka, Lisa) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 07/27/2023) (0) |
| Jul 6, 2023 | 14 | RESPONSE in Opposition re 10 MOTION to Dismiss Plaintiff's Complaint for Declaratory Judgment of Noninfringement, Or to the Extent Not Granted, Motion to Transfer filed by ResMed Corp.. (Attachments: # 1 Declaration of Anne Veen-Sitter, # 2 Declaration of David R. Knudson)(Cunningham, Sean) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 07/06/2023) (0) |
| Jul 5, 2023 | 13 | PRO HAC APPROVED: Angela C. Whitesell appearing for Plaintiff ResMed Corp. (no document attached) (rmc) [Transferred from casd on 11/16/2023.] (Entered: 07/05/2023) (0) |
| Jul 3, 2023 | 12 | Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17984882.) (Application to be reviewed by Clerk.) (Whitesell, Angela) (rmc). [Transferred from casd on 11/16/2023.] (Entered: 07/03/2023) (3) |
| Jun 6, 2023 | 11 | ORDER Setting Briefing Schedule. Presently before the Court is Defendant Cleveland Medical Devices, Inc.'s 10 MOTION to Dismiss Plaintiff's Complaint for Declaratory Judgment of Noninfringement, Or to the Extent Not Granted, Motion to Transfer, which is noticed for a hearing on 8/24/2023 at 02:00 PM in Courtroom 3A before the Honorable Todd W. Robinson. Plaintiff ResMed Corp. SHALL FILE its opposition on or before 7/6/2023, and Defendant MAY FILE its optional reply, if any, on or before 7/27/2023. As noted in Section III.A.2 of the undersigned's Standing Order for Civil Cases, "[a]n opposing party's failure timely to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c)." Signed by Judge Todd W. Robinson on 6/6/2023. (no document attached) (sxd) [Transferred from casd on 11/16/2023.] (Entered: 06/06/2023) (0) |
| Jun 5, 2023 | 10 | MOTION to Dismiss Plaintiff's Complaint for Declaratory Judgment of Noninfringement, Or to the Extent Not Granted, Motion to Transfer by Cleveland Medical Devices, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Lisa Kobialka, # 3 Index of Exhibits, # 4 Exhibit 1 to Kobialka Decl., # 5 Exhibit 2 to Kobialka Decl., # 6 Exhibit 3 to Kobialka Decl., # 7 Exhibit 4 to Kobialka Decl., # 8 Exhibit 5 to Kobialka Decl., # 9 Exhibit 6 to Kobialka Decl., # 10 Exhibit 7 to Kobialka Decl., # 11 Exhibit 8 to Kobialka Decl., # 12 Exhibit 9 to Kobialka Decl., # 13 Exhibit 10 to Kobialka Decl., # 14 Exhibit 11 to Kobialka Decl.)(Kobialka, Lisa) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 06/05/2023) (0) |
| May 2, 2023 | 9 | ORDER granting Joint Motion to Extend Time for Defendant Cleveland Medical Devices, Inc. to Respond to Complaint (ECF No. 7 ). Signed by Judge Todd W. Robinson on 05/02/2023. (cxl1) [Transferred from casd on 11/16/2023.] (Entered: 05/02/2023) (1) |
| Apr 25, 2023 | 7 | Joint MOTION for Extension of Time to File Response to Complaint by Cleveland Medical Devices, Inc. (Attachments: # 1 Proposed Order)(Kobialka, Lisa)Attorney Lisa Kobialka added to party Cleveland Medical Devices, Inc.(pty:dft) QC Mailer 4/26/2023- Proposed orders should not be attached. (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 04/25/2023) (0) |
| Apr 25, 2023 | 8 | Corporate Disclosure Statement by Cleveland Medical Devices, Inc. No Corporate Parents/Interested Parties. (Kobialka, Lisa) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 04/25/2023) (3) |
| Apr 19, 2023 | 6 | NOTICE of Party With Financial Interest by ResMed Corp. . Identifying Corporate Parent ResMed Inc. for ResMed Corp. (Knudson, David) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 04/19/2023) (2) |
| Apr 17, 2023 | 5 | SUMMONS Returned Executed by ResMed Corp. Cleveland Medical Devices, Inc. served. (Knudson, David) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 04/17/2023) (2) |
| Mar 20, 2023 | 1 | COMPLAINT With Jury Demand Against Cleveland Medical Devices, Inc. (Filing fee $402.00 receipt number ACASDC-17682838) filed by ResMed Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet)The new case number is 3:23-cv-500-TWR-JLB. Judge Todd W. Robinson and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Cunningham, Sean)(bdc)(jrd) [Transferred from casd on 11/16/2023.] (Entered: 03/20/2023) (0) |
| Mar 20, 2023 | 2 | Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (bdc)(jrd) [Transferred from casd on 11/16/2023.] (Entered: 03/20/2023) (2) |
| Mar 20, 2023 | 3 | REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *10,076,269*, *11,602,284* (cc: USPTO)(bdc)(jrd) [Transferred from casd on 11/16/2023.] (Entered: 03/20/2023) (1) |
| Mar 20, 2023 | 4 | Corporate Disclosure Statement by ResMed Corp. identifying Corporate Parent ResMed Inc. for ResMed Corp. (Cunningham, Sean) (cxl1). [Transferred from casd on 11/16/2023.] (Entered: 03/20/2023) (1) |
